Custom bumper stolen from car whilst in garage for repair

[flub1976]

Hi Guys

 

Heres an intresting one for you.

 

A customer left his 1999v Astra Sri 3dr for an mot test. The test was done with a few items total cost at £330. The customer said to get the repairs done and as such we got on with it. With only the 2 tyres to fit the customer let loose with the when will ut be ready so I can ask my mum and dad for the money. He couldnt pay and his mum and dad refused to pay for him.

 

We stopped work and did not send the vehicle for retest and told the customer that we will hold the car until paid for. Agreed deposit of £200 to be paid then would get the MOT sorted and he could have the car when paid the balance.

 

We agreed to this with payment being made over two weeks.

 

After 3 weeks the vehicle had been moved in and out of the garage and sales pitch numerous times and one dark night two lovely youths broke through the perimeter fence and stole the Irmscher front bumper and skirts of the car.

 

Now this is were it gets complicated. Firstly we feel that the customer is partly at fault as we did not agree to have the car here all this time and were put into this predicament because they didnt have the money and shouldnt have given the go ahead.

 

We advised the customer that if we claim under our insurance his car will more than likely get written off and he will not get anything after his finance company is paid.

 

We offered as goodwill gesture to fit a standard bumper (from a black SXI) and side skirts at our cost but that they would not be perfect. The customer was happy but is now saying wants us to replace them with correct ones and sort it all out.

 

What do you guys think?

[flub1976]

I should point out that my view is to let the insurance company handle it and sod the customer especially as he decided to rant and rave and shout at me today. Additional info is that my insurance insist that he liable and culpable so they poss wont pay anyway. His car finance wouldnot be covered by any claim and the correct bumpers are at least £1300 from bodyshop.

[sailor sam]

Mmm, tricky one!

 

When you retained the car, did you state on the reciept for deposit (or any paperwork) that as the car was in your 'care' longer than normal because of an un-paid bill, is left entirely at the owner's risk?

 

__________________

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[flub1976]

no we didnt. The customer didnt pay anything to give him a bill for. We rang him when the car was motd with the quote then started work. when we told him we wouldnt do anything else until half paid. he hadnt paid anything when the bumper nicked

[sailor sam]

I think that you have no options but to make a claim via your motor trade insurance policy. I'm not sure that the customer would not have a vaild claim against you for the loss as you chose to retain the car. A judge may consider that by doing so, you were expected to take reasonable care of the car. If the customer does persue this, then at least your insurers will be there to fight your corner.

 

As for the outstanding money, I think you already know that this is a serperate issue and that you could still hold the car untill payment. The fact that the bumber/skirts are missing, will make little difference to the customer if he cannot use the car anyway!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[rebel11]

I wonder how the kids knew the car was on your premises, this sounds like

the car owner might of played some part in this. I wonder if you've been set

up.

[flub1976]

Sailor sam - thanks for the reply thought as much myself and he has now paid up (probably becasue it puts him in a better position.) We have offered the different bumper and skirts but if he insists on full repair he is stuffed as the insurance will take the car. I dont like the fact that this has happened but he doesnt seem to realise that there is no way I can give him what he wants.

 

I also thought he might have been involved but have since found out some details which I will refer to the court of 4x2 and may be able to get the parts back.

 

If i cant then he will be told to either accept the car as it is or we will claim through our insurance company. If he takes it he will ahve to sign to say he accepts this position and that he understands that any claim now or in the future will mean the possible write off of his vehicle. if he wants to claim then I will make sure that once his finance company is paid out that I retain the salvage rights (ill gladly pay the £200-300 value) and i will drive it passed his house every day for the next 3 months on my way home.

[rebel11]

hi flub1976

 

'i will drive it passed his house every day for the next 3 months on my way home' nice touch:D

[sailor sam]

I wonder how the kids knew the car was on your premises, this sounds like

the car owner might of played some part in this. I wonder if you've been set

up.

 

That thought had crossed my mind also but how do you prove it? I'm sure the police would of considered this also. Does Flub have any CCTV on the premesis?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

Sailor sam - thanks for the reply thought as much myself and he has now paid up (probably becasue it puts him in a better position.) We have offered the different bumper and skirts but if he insists on full repair he is stuffed as the insurance will take the car. I dont like the fact that this has happened but he doesnt seem to realise that there is no way I can give him what he wants.

 

I also thought he might have been involved but have since found out some details which I will refer to the court of 4x2 and may be able to get the parts back.

 

If i cant then he will be told to either accept the car as it is or we will claim through our insurance company. If he takes it he will ahve to sign to say he accepts this position and that he understands that any claim now or in the future will mean the possible write off of his vehicle. if he wants to claim then I will make sure that once his finance company is paid out that I retain the salvage rights (ill gladly pay the £200-300 value) and i will drive it passed his house every day for the next 3 months on my way home.

 

I don't see how he has any choice! Or he could claim through his own insurers.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[flub1976]

CCTV inconclusive. If he claims thorugh his own insurance they will just claim against me which is the same outcome. Plus his car value is lower becasue no MOT at the time.

[sailor sam]

I suggest you advise your insurers of the whole situ (to cover your back)and then contact the 'customer' and ask him to let you know which way he wants to bat... via his insuers or yours. Those appear to be the only choices he has. If he chooses to take you to court, then by default he will be claiming off your insurers at the end of the day. As you say, it's highly likely the car will be written off which ever way he plays it.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[LancerQRL]

of course the customer will have notified his insurance company he has different bumpers fitted, worth checking?

[car nut]

of course the customer will have notified his insurance company he has different bumpers fitted, worth checking?

 

even if he has most policys only replace with standard parts

[Conniff]

You are not allowed to modify a car on finance, so unless this came with the car when he bought it, he is stuffed.

[dannysport]

on this one Irmscher parts are dealer fit or factory fit

you can get them cheaper then £1300

www.lmfvauxhall.com

sell them parts cheap if you need a set to get you out of the

a lot of cars was built with kit in place on

SXi's an Sri's,Sport's ect ect

[sharkfin]

Quote:

Originally Posted by LancerQRL

of course the customer will have notified his insurance company he has different bumpers fitted, worth checking?

 

even if he has most policys only replace with standard parts

 

*Think the point that was being made here was that it he did not inform his insurance company that he has modified his car then his insurance policy may well be invalid.

[dannysport]

Quote:

Originally Posted by LancerQRL

of course the customer will have notified his insurance company he has different bumpers fitted, worth checking?

 

even if he has most policys only replace with standard parts

 

*Think the point that was being made here was that it he did not inform his insurance company that he has modified his car then his insurance policy may well be invalid.

Irmscher parts are not classed as a modified part thay are a oem part

as I ha some one crash into my brothers vauxhall a few years ago

all the parts was replaced like for like from irmscher

ordered from the dealers

his car was a vectra gsi